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Linking of Aadhaar Card with PAN Card is now mandatory, says Supreme Court

The Supreme Court here on Monday (6th February 2019) announced that the linking of Aadhaar with PAN Card is now mandatory for filing for Income Tax Returns. As a matter of fact, the court was hearing the Government’s plea against the Delhi High Court order allowing the appellant Shreya Sen and Jayshree Satpute to file the Income Tax Returns for 2018-19 without linking Adhaar with PAN Card.

Highlights

  • The Bench comprising of the Justices, A.K Sikri, and S. Abdul Nazeer said that the court has already made his decision and upheld the Section 139AA of the Income Tax Act.
  • The Court’s order came on an appeal filed by the Centre against the High Court ruled by Shreya Sen and Jayshree Satpute, saying that you can file your Income Tax Returns for the assessment year without linking your Aadhaar with PAN Card.

Whereas, the Supreme Court has declared that it is mandatory for the citizens to link their Permanent Account Number (PAN Card) with Adhaar Card while filing for Income Tax Returns.

The Bench comprising of the Justice, A.K A.K Sikri, and S. Abdul Nazeer said that the court has already made his decision and upheld the Section 139AA of the Income Tax Act. The order of the court came on an appeal filed by a center against the Delhi High Court, ruling by Shreya Sen, and Jayshree Satpute, to file the Income Tax without Linking Aadhaar with PAN Card. This was a relief for many of the citizens, as they will have to worry about the linking Adhaar with PAN, last year.

Later, the bench said that ”

The aforesaid order was passed by the High Court has the regard to the fact that the matter was pending consideration in this High Court. Thereafter, the Court has decided the matter and upheld the vires of section 139AA of the Income Tax Act. Therefore, the Linkage of PAN Card with Aadhaar Card is now mandatory”.

Shreya Sen and Jayshree Satpute filed their returns following the court order and the assessment has also been completed. Hence, the Supreme Court has now made it clear, that the individuals have to link their PAN Card with Aadhaar ID for E-Filing 2019-20.

Some Important Links Related To The PAN Card
Form 49A Click Here
Apply For The PAN Card Click Here
Track PAN Card Application Status Click Here 
Re Apply For Lost PAN Card Click Here 
PAN Card For NRI Click Here
PAN Card Correction/Update Click Here
Check PAN Card Number Click Here
Apply For Duplicate PAN Card Click Here
PAN Card Link With Aadhaar Card Click Here

26th September 2019 Verdict

As per the September 26th, 2018 verdict, which declared that the Unique ID is legally valid and can be used for getting subsidies as well as for linking it with PAN. Many of the taxpayers, were unhappy with the decision and did not want to link their PAN. The Government has maintained that it is critical to ensure that the individuals don’t evade taxes with multiple numbers of PAN Cards. The Government also said that the majority of the PAN Cards have been linked with the PAN Card.

Many of the activists are not happy with the latest verdict. Suman Sengupta, activist, civil engineer claimed that “We need to ask if the Aadhaar Card is a verified data or it has been audited”. If someone links the PAN with fraudulent ID and also links it with the Phone Number, then how will UIDAI or Income Tax Department verify that?


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